By Peter Galli  |  Posted 2003-06-05 Print this article Print

SCO CEO Darl McBride last Friday reconfirmed that the company would be allowing independent parties, some analysts, press and other interested parties access to the code under NDA this month. Some of those parties started receiving the NDAs this month and they say they are completely unacceptable. So far, the criticism revolves around the fact that SCO will determine exactly what code it shows; any dispute over potential disagreements about whether information under the NDA was disclosed would have to be resolved in Utah courts; and, lastly, any information that SCO shares with those agreeing to the NDA can not be discussed, even if it is public information or the person is aware of it before SCO shows it to them.
Senior members of the open source community are warning potential NDA signers to be very careful before doing so as such a move could endanger current open source projects, including Linux and BSD.
The Linux Journal has printed the entire text of the NDA it received from SCO this week. A Linux consultant and potential reviewer of SCOs code, and who requested anonymity, told eWeek on Thursday that he would not sign such an NDA as that would probably result in the firm calling him to testify on its behalf when the IBM matter goes to court. "The restrictions and limitations imposed by the NDA are ridiculous. Im not sure who would be willing to sign it. Certainly nobody I know," he said.

Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at www.eweek.com.


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